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A-686 (Justus) (2)CITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT AND TES~PORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That I, William J. Justus. Trustee and Kathy and Robert Brunson, Grantors herein, for and in consideration of the City of Southlake relinquishing payment of ten (10) dollars, and other good and valuable consideration by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement and temporary construction easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas described as follows, to-wit: Being a permanent 15 foot wide utility easement and a 35 foot wide temporary construction easement, described as follows: See Exhibit "A" for metes and bounds description. See Exhibit "B" for graphic depiction together with the right of ingress and egress as necessary for such purposes. Grantor covenants and agrees that Grantor and Grantor's heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under said permanent easement granted herein any temporary or permanent structures, and it is further agreed that Grantee shall have the right to excavate and fill upon and within said permanent easement, and shall have the right to remove from said permanent easement any fences, buildings, or other obstructions as may now be found upon said permanent easement. Grantee shall replace any existing fences and shall re-sod or re-seed the permanent easement where necessary to return the property as nearly as possible to its prior condition. Grantee further agrees to install an eight inch (8") water line within the permanent easement within one year of the date of execution of this document by the Grantor. Such temporary construction easement shall include the right to excavate or fill upon such property, but Grantee shall replace any existing fences, improvements, or other fixtures within or upon said temporary construction easement without cost to Grantor, or current owner thereof, and shall restore the property as nearly as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and I/We do hereby certify that I/We are the owners of the property described herein and bind myself/ourselves, my/our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. EXECUTED this the _~q'm day of~w;'cmber, 1994: wilham J. Justus, Trustee EXECUTED this the ~q'~ day of No~'¢m~zr,1994: Robert Brunson Page 1 of 2 11820 1008 · THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, on this day personally appeared ~ Trustee known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ._~day of ~,~. 1994. Seal My commission expires: ~ ~/(~ 4 ~ Notary Public BEFORE ME, the undersigned authority, on this day personally appeared v~:,a~a~LI~I Brunson known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the (~ day of '~uo~t,b~, 1994. 11~2~ ~u~ 24, ~ My co~issio~ expires: Notary Public Accepted by the City of Southlake, this the William J. Justus, Trustee 10925 Estate Lane, Suite 385 Dallas, TX 75238-2379 Kathy and Robert Bmnson 816 Ruth Wall Road Grapevine, TX 76051 RETURN DOCUMENTS TO: City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 southlak/easement/justus.eas Page 2 of 2 I i820 i009 EXHIBIT "A" 15' UTILITY EASEMENT BEING a tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, City of Southlake, Tarrant County, Texas, and being a part cfa tract of land conveyed to William J. Justus as recorded in Volume 9647, Page 25, Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in a curve in the northerly right-of-way line of F.M. 1709 (Southlake Boulevard), said point also being the Southeast comer of the Woodland Hills RSU Addition to the City of Southlake as shown on plat recorded in Cabinet A, Slide 608 of the Plat Records of Tarrant County, Texas; THENCE N 01°33'31" W along the East line of said Woodland Hills RSU Addition, a distance of 15.02 ft. to a point, said point being the beginning of a curve to the left having a central angle of 03°50'16'' and a radius of 5644.58 ft., whose long chord bears N 83o29'33" E, 378.01 ft.; THENCE along said curve to the left, at 15' north of and parallel to said northerly right-of'- way line of F.M. 1709, an arc distance of 378.08 ft. to a point, said point being in the west line cfa tract of land by deed to First American Savings Banc as recorded in Volume 10641, Page 1628,'Deed Records, Tarrant County, Texas; THENCE S 01008'26'. E along the west line of said First American Savings Banc tract, a distance of 15.12 ft. to a point in the north right-of-way line of said F.M. 1709,said point being in a curve to the right with a central angle of 03°49'35", and a radius 0f5659.58 ft. whose long chord bears S 83°30'22'' W, 377.89 ft.; THENCE along said north right-of-way line curve to the right, an arc distance of 377.96 ft. to the POINT OF BEGINNING and containing 0.130 acres (5670 sq. ft.) of land, more or less. 11820 I010 0 50 I00 ~00 $~A£~: I': WILLIAM J. JUSTUS Vol. 9647, Pg. 25 EXHIBIT 'B' UTILITY EASEMENT CHEATHA3~ AND ASSOCIATES lO01E. LAHAR SUITE Z00 ,LRLINGTON, ~ ?~011 m~o (8~7) 2~5-8830 I ?ert~fy ~hat t~e is a true and aoourate representat/on of ~s D194265064 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y INDEXED-- TARRANT COUNTY TEXAS S U Z A N N E H E N D E R S O N -- COUNTY CLERK OFFICIAL RECEIPT T O: CITY OF SOUTHLAKE RECEIPT NO 195059888 REGISTER RECD-BY PRINTED DATE TIME DR91 T003957 12/14/94 11:37 INSTRUMENT FEECD INDEXED TIME 1 D194265064 WD 941214 11:37 CG T O T A L : DOCUMENTS: 01 F E E $: 15.00 BY: ~'~'~-. ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 820 O I 2